Opinion
No. 05-04-01102-CR
Opinion Filed September 30, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F00-01305-R. Affirmed.
Before Justices MOSELEY, BRIDGES, and O'NEILL.
MEMORANDUM OPINION
Dennis Lee Allen appeals the trial court's denial of his motion for post-conviction DNA testing. In 2000, a jury convicted appellant of capital murder and punishment was assessed at life imprisonment. The conviction was affirmed on direct appeal. See Allen v. State, No. 08-00-00442-CR (Tex.App.-El Paso July 11, 2002, pet. ref'd) (not designated for publication). In 2003, appellant filed a motion for post-conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. The trial judge denied the motion. Appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response, but appellant did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's order.
The appeal was transferred to the Eighth Court of Appeals pursuant to a transfer order from the Texas Supreme Court.